The High Court allowed this miscellaneous first appeal filed by a minor motor accident victim seeking enhancement of compensation. The Court considered the permanent disability and future treatment needs, enhancing the awarded sum and interest rate.
Compensation enhanced to Rs. 3,00,000/- with interest at 6% p.a.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY
MISCELLANEOUS FIRST APPEAL NO.4025 OF 2017 (MV)
BETWEEN:
MOHAN KUMAR, S/O. RAMESH, AGED ABOUT 17 YEARS, R/O. RAJAGHATTA VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT- 573 201. THE APPELLANT IS BEING MINOR REP. BY HIS NATURAL GUARDIAN FATHER BY NAME RAMESH S/O. NINGEGOWDA AGED ABOUT 48 YEARS. ... APPELLANT [BY SRI. GIRISH B. BALADARE, ADVOCATE [PHYSICAL HEARING]
AND:
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… RESPONDENTS
[BY SRI. ASHOK N. PATIL, ADVOCATE FOR RESPONDENT NO.1; VIDE ORDER DATED 29.11.2018 NOTICE TO R-2 IS DISPENSED WITH.]
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 17.08.2016 PASSED IN M.V.C.NO.284/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND MACT AT HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Though this appeal is listed for admission, with the
consent of learned Counsel for the parties, it is taken up for final disposal.
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participating in sports and other extra curricular activities. The claimant filed a claim petition under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.8,00,000/- from the owner and insurer of the offending vehicle.
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The claimant has filed this appeal challenging the quantum of compensation awarded by the Tribunal.
having regard to the nature of injuries sustained by the claimant, the Tribunal ought to have considered his claim and ought to have awarded just compensation.
insurer supported the impugned judgment and award passed by the Tribunal and claimed that the Tribunal is not justified in awarding interest at 8% p.a.
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13.12.2014. The evidence of P.W.2 discloses that on 24.6.2016 when the claimant was examined, he noticed the loss of muscle strength, pain, deformities, contractures and loss of sensation, and he assessed the disability to the right lower limb at 30%. The Tribunal, therefore, awarded compensation under the following heads:
Medical expenses, Attendant charges, Rs.1,14,358.00 Conveyance and miscellaneous expenses
Pain and Sufferings already Rs.1,00,000.00 undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and loss of amenities in life on account of permanent disability Discomfort, Inconvenience and loss of Rs. 20,000.00 earnings to the parents during the period of hospitalization
Total Rs. 2,34,354.00
had suffered disability of 30% to the right limb and as per
the guidelines of Alymco, the disability to the whole body
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is calculated at 10%. It is deposed by P.W.2 that the claimant had to undergo further treatment which requires further expense. The insurer did not dispute the injuries sustained by the claimant. Therefore, having regard to the age of the claimant and further treatment for the injuries sustained by him, the Tribunal ought to have awarded adequate compensation and also compensation towards future medical expenses.
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Tribunal is enhanced by another sum of Rs.65,000/- which could be rounded off to Rs.3,00,000/-.
(ii) The compensation of Rs.2,34,358/- awarded
by the Tribunal is enhanced to Rs.3,00,000/- along with interest at 6% p.a. from the date of petition till realization.
(iii) The insurer shall deposit the amount of
Rs.3,00,000/- along with interest at 6% p.a. from the date of petition till realization within one month.
Sd/- JUDGE
Cs
3 issues framed by the court
Whether the compensation awarded by the Tribunal requires enhancement considering the nature of injuries, age of the claimant, and future medical expenses.
Whether the parents of the minor claimant are entitled to compensation for loss of earnings and inconvenience suffered due to the accident.
Whether the rate of interest awarded by the lower Tribunal is just and reasonable.
Colour shows how this judgement treated each authority
Master Mallikarjun v. The Divisional Manager, The National Insurance Company Limited and AnotherApplied¶45
MASTER MALLIKARJUN VS. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER reported in AIR 2014 SC 736
2 provisions across 1 enactments
MOHAN KUMAR
THE MANAGER, THE NATIONAL INSURANCE CO., LTD.
VASU B.
NATARAJ RANGASWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
